5. The TEACH Act includes a prohibition against the conversion of materials from analog into digital formats, except under the following circumstances: the amount that may be converted is limited to the amount of appropriate works that may be performed or displayed and a digital version of the work is not "available to the institution," or a digital version is available, but it is secured behind technological protection measures that prevent its availability for performing or displaying in the distance-education program. These requirements generally mean that educators must take two steps before digitizing an analog work. First, they need to confirm that the exact material converted to digital format is within the scope of materials and "portion" limitations permitted under the new law. Second, educators need to check for digital versions of the work available from alternative sources and assess the implications of access restrictions, if any.

Source: Crews, Kenneth D. New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act.